Terms and Conditions

TERMS AND CONDITIONS OF USE - HOUSERSTOCK, INC. WEBSITE

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOUSERSTOCK, INC., (hereafter "HOUSERSTOCK"). By CLICKING THE "I ACCEPT BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining Image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. HOUSERSTOCK reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

Definition: "image(s)" means all visual representations furnished to client by HOUSERSTOCK, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.

OWNERSHIP OF THIS WEBISTE

This website is owned and operated by HOUSERSTOCK. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property.

PERMITED USAGE

Comp Use: HOUSERSTOCK grants you a personal, nontransferable, nonexclusive license to copy the image(s) you have selected onto your computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "image(s)") on one computer and with one user at a time. The images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts ("comp use"). The images may not be used in any final materials distributed internally or to the public. All other rights are reserved to HOUSERSTOCK. You must contact HOUSERSTOCK at houserstock@zianet.com or 505-354-2500 to obtain a license for additional use.

Other than the above comp use, images may not be used in any way, until an invoice indicating user's right to use same is paid in full or other payment arrangements have been made.

All images and rights relating to them, including copyright and ownership rights in the media in which the images are stored, remain the sole and exclusive property of HOUSERSTOCK. Unless otherwise specifically provided, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of HOUSERSTOCK and the payment of additional fees.

The parties agree that any usage of any image without the prior permission of HOUSERSTOCK will be invoiced at three times HOUSERSTOCK'S customary fee for such usage.

HOUSERSTOCK represents that it has the right to grant the license herein.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds client and inures to the benefit of HOUSERSTOCK, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the acceptance may reflect, and client is bound by, client's oral authorizations for fees or expenses that could not be confirmed in writing because of insufficient time. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the Uniform Computer Information Transactions Act of any state.

RESTRICTIONS AS TO USE

The following uses are prohibited:

· Use of the image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

· Create any derivative use of an image unless indicated on the invoice.

· Sublicense, re-license, rent or lease any of the images.

· Use of the image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

· Use of the image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

· Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from HOUSERSTOCK.

· Use of any image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.

· Use of the images to promote a business that sells or licenses photographic images, or otherwise competes with HOUSERSTOCK.

· Ship, transfer or export any of the images into any country or use any of the images in any manner prohibited by any export laws, restrictions or regulations.

1) be arbitrated in Lincoln County, New Mexico, USA under the rules of the American Arbitration Association and the laws of New Mexico; provided, however, that the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $10,000 or less may be submitted without arbitration to any court having jurisdiction thereof. OR
2) be adjudicated in Lincoln County, New Mexico, USA under the laws of New Mexico.
3) In the event of a dispute, client shall pay all court costs, HOUSERSTOCK'S reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of HOUSERSTOCK.

Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the federal courts with respect to claims by HOUSERSTOCK under the Copyright Act of 1976, as amended.

CREDIT

Images used editorially should bear a credit line in the form: Photographer name/Houserstock. Invoice amount will be doubled if said credit line is not provided.

TERMINATION:

HOUSERSTOCK reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the image, delete the image and all copies from all magnetic media and destroy all other copies. HOUSERSTOCK reserves the right to discontinue the use of any image for any reason and elect to replace the image with an alternate image. Upon notice of any discontinuance of the use of a particular image, you, your employer and your client, if applicable, agree not to use the image in the future.

RETENTION OF DIGITAL FILES:

Digital files may be retained for ninety (90) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the images from all electronic and removable media and destroy any other copy of the images, except as licensed under this Agreement. HOUSERSTOCK'S copyright information and image identification number must be retained with the digital files while you retain them. Exception: If your company has an image management library and keeps records that include the source, copyright, licensing and contact information for each image contained therein, then the digital images may be maintained in the company image library upon written notification to HOUSERSTOCK. This privilege shall be revoked if your company fails in its obligation to request a license or license renewal for an image it uses from the library. HOUSERSTOCK reserves the right to audit your image library by written request during normal business hours if there is evidence of a violation of this provision.

PAYMENT TERMS:

Time is of the essence in the performance by user of its obligations for payments.

Payment of any invoice issued for a transaction from this site is to be due on receipt. Any claims for adjustment or rejection of terms must be made to HOUSERSTOCK within ten (10) days after receipt of invoice.

INDEMNITY:

You agree to indemnify and hold HOUSERSTOCK, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any images or arising out of use of or relating to any materials furnished by client or any breach of this agreement.

GENERAL DISCLAIMERS:

· HOUSERSTOCK GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. HOUSERSTOCK IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. HOUSERSTOCK PHOTOGRAPHERS MAKE EVERY EFFORT TO OBTAIN PERMISSION TO PHOTOGRAPH THEIR SUBJECTS. IMAGES MARKED MODEL RELEASED/PROPERTY RELEASED HAVE SIGNED FORMAL MODEL/PROPERTY RELEASES. IMAGES WITHOUT SAID DESIGNATION HAVE NO FORMAL RELEASE.

· IF AN IMAGE OF YOU EXISTS ON THIS SITE AND YOU WISH IT REMOVED, PLEASE CONTACT HOUSERSTOCK AT houserstock@zianet.com OR 505-354-2500 TO HAVE IT REMOVED.

· DIGITAL FILES ARE PROVIDED "AS IS." HOUSERSTOCK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWAR PROGRAM. HOUSERSTOCK MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

· YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL HOUSERSTOCK OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND HOUSERSTOCK SHALL BE THE FEE PAID FOR THE IMAGE TO COMPANY.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE:

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to three (3) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney's fees and all associated costs.

MISCELLANEOUS

· In the event that any images are used by user in publications, user shall provide HOUSERSTOCK with two (2) free copies of such publication upon printing.

· This contract contains all the terms of the agreement between us (HOUSERSTOCK and user) concerning transmission, delivery and review of images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of client's purchase order. Any subsequent invoice may contain additional terms relating to the rights granted and the type of usage allowed.

PRIVACY POLICY

We collect certain information about you to enable us to do business with you and improve our services. This privacy policy informs you about our online collection and how we use information that identifies you personally when you use this site. By submitting your information to HOUSERSTOCK, INC., you agree to the practices described herein.

HOUSERSTOCK, INC. does not sell or rent information about its customers to third parties.

This website is operated in the United States and the information collected from this site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different or les protective than those of your home jurisdiction. HOUSERSTOCK, INC. may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of HOUSERSTOCK, INC., and for which HOUSERSTOCK, INC. assumes no responsibility. We reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public. Information about our customers, including personal identifying information, may be disclosed as part of any merger, sale of the company assets or acquisition as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

What Information is Collected From This Website
When you visit this website, some information may be collected automatically as part of the site's operation such as your IP and email address and navigational information. Your name, address, phone number, email address, password and other information, are collected when you register online with us. Registration enables you to access higher resolution images and to enter into a license to use images for comp purposes.

If you wish to license an image from us, your username, password, full name, telephone number, email address and postal address. Your email address is used to confirm licensing transactions.

From time to time we may ask you questions relating to your user preferences in order to better serve you and improve the use of our website. Providing information regarding your usage and preferences is always voluntary, however, if you choose not to provide the information, some products and services may not be available to you.

We may use your email to contact you regarding our services, products and promotional offers for direct marketing purposes. If you do not wish to receive direct marketing, you may opt out by contacting us at the CONTACT US portion of this site and notifying us that you no longer wish to receive promotional information.

We collect information about your use of the website and our customers in the aggregate in order to improve our service and our website.

We collect your orders, your use of light boxes and other account information as part of your sales history with us. You may review and correct your information by contacting us at houserstock@zianet.com .

We may disclose to carefully chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics but only in forms that do not reveal your identity or confidential information.

About Cookies
When you visit HOUSERSTOCK INC.'s Web site, a text file called a cookie is placed in the browser directory of you computer's hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect may include the date and time of your visit, your registration information and your navigational and licensing selections. It allows you to quickly return to viewed pages. Cookies are not linked to you as an individual and cannot be used to track where you have been either before or after you visit HOUSERSTOCK INC.'s site.

Most browsers allow you to decline cookies, but if you elect to do so, certain pages and user features such as light boxes may not display properly. You are free to delete cookies after your session. Your browser should contain instructions on how to do this.

Reviewing, Updating or Correcting Your Information
If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may either make the changes on the My Account pages of the site, contact us through the Contact Us page as set forth above, or make a written request to Houserstock, Inc., HC 67 Box 51, Nogal, NM 88341 USA.

Children
HOUSERSTOCK, INC. does not intend to either solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this website.

Changes to This Online Privacy Policy
HOUSERSTOCK, INC. reserves the right to modify its Privacy Policy at any time without notice. Any changes to the policy will be posted on this page. Your continued use of this website will be deemed conclusive acceptance of such modification.

Digital Millennium Copyright Act of 1998

The Digital Millennium Copyright Act of 1998 is an important piece of legislation for the protection of digital imagery. The full text of the act is available at the link below. Houserstock, Inc. gives notice that all purchases made through this site conform to and are protected by this Act. The Act calls for penalties that can include multiples of actual damages! Please respect the copyrights of our photographers.